Opinion
November 6, 1939.
Appeal from County Court of Dutchess County.
Order denying motion to vacate the order of October 30, 1936, reversed on the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. It is conceded that process was never served on the Comptroller. The order as to him was a nullity and should have been vacated when the fact that he had never been served was brought to the attention of the court. ( Matter of Broadway Insurance Co., 23 App. Div. 282.) Lazansky, P.J., Johnston, Adel, Taylor and Close, JJ., concur.